93 Ind. 185 | Ind. | 1884
— Complaint by the appellee against the appellant, in two paragraphs, for the partition of real estate.
The first paragraph alleged that the appellee, as the widow of John F. Conner, deceased, owned the undivided one-third of the real estate, and that the appellant owned the undivided two-thirds thereof. The second paragraph of the complaint averred that her husband, John F. Conner, on January 26th, 1866, owned the real estate in controversy, and on that day conveyed the same to one Ebenezer Applegate •, that she joined in the conveyance, but was under twenty-one years of age; that the appellant claims title to the whole of the real estate, by virtue of certain conveyances from said Ebenezer Apple-gate’s heirs and others; that appellee’s husband died on January 27th, 1882, and that after his death, and before the commencement of this action, she disaffirmed her said deed by notice to the defendant that she claimed one-third of the land as Conner’s widow. Her complaint was filed on March 8th, 1882.
No question is made in this court as to the sufficiency of either paragraph of the complaint.
The appellant answered in three paragraphs. The first, the general denial, was subsequently withdrawn. A demurrer was sustained to the second and third paragraphs, and the appellant declining to amend, judgment for partition was entered in accordance with the prayer of the complaint. Commissioners were appointed, who made partition, and whose report thereof was approved by the court.
The brief for the appellant is devoted to a discussion of the alleged error of the circuit court in sustaining the appellee’s
■ It has been the law in this State since April 13th, 1866, that the infant wife of an adult husband may join with him in the conveyance of his real estate, the same as if she were of full age. Section 2943, R. S. 1881. • But prior to that date, and at the time the appellee joined with her husband in the deed to Ebenezer Applegate, the law was different. Such conveyance by the appellee, she being a minor, was not authorized by the law in force when it was made, unless it was
The third paragraph of the answer does not aver that the taxes were paid and the improvements made after September 19th, 1881. While it avers that the appellant’s purchase of the land was made after that time, and also after the death of the appellee’s husband, it does not allege that before his purchase she had knowledge of his intention to make the same.
The appellant’s third paragraph of answer did not show that the appellee had ever made any valid conveyance of the real estate, nor did it state facts showing that she was bound to disaffirm, sooner than she did, the deed made during her infancy, nor did it state facts sufficient to constitute an estoppel in pais. The demurrer was properly sustained.
There is no error in the record that authorizes a reversal.
Judgment is affirmed, with costs.